Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BP Australia Pty Limited v Nyran Pty Limited [2002] FCA 679
EVIDENCE – opinion – evidence relating to markets for fuel and retail prices – whether deponent has specialised knowledge – whether such knowledge based on experience – whether expressed opinion wholly or substantially based on that knowledge Evidence Act 1995 (Cth) ss 55(1), 56, 59, 60, 76(1), 79, 135, 136 Trade Practices Act 1974 (Cth) s 51A, 87(2)(b) Daniel v Western Australia (2000) 178 ALR 542 referred to Quick v Stoland Pty Ltd (1998) 157 ALR 615 referred to BP AUSTRALIA PTY LIMITED (formerly BP Australia Limited) v NYRAN PTY LIMITED W144 of 2002 RD NICHOLSON J 28 MAY 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W144 of 2002
BETWEEN: BP AUSTRALIA PTY LIMITED
ACN 004 085 66
(formerly BP Australia Limited)
APPLICANT
AND: NYRAN PTY LIMITED
ACN 056 571 530
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 28 MAY 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: The objection on behalf of the respondent to the admission of paragraphs 12 – 17 of the affidavit of Kelliann Barnes sworn on 16 May 2002 be allowed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W144 of 2002
BETWEEN: BP AUSTRALIA PTY LIMITED
ACN 004 085 66
(formerly BP Australia Limited)
APPLICANT
AND: NYRAN PTY LIMITED
ACN 056 571 530
RESPONDENT
JUDGE: RD NICHOLSON J
DATE: 28 MAY 2002
PLACE: PERTH
REASONS FOR JUDGMENT 1 The applicant brings a motion seeking orders that the hearing of this proceeding be expedited and be set down on a date before 1 July 2002.
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